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1! I Entered at the Post Office lm In g ton, Del., as Booond-clase matte-. HttSiSSfifflSÏÏA» MAL, ÎStiSu'SÎ» îs*ï t «o»somi>ated un. NEW SERIES-VOL. VII-XO. 45 URSDAY, MAY 5, 1887. WILMINGTON, DEL., THE NEWS OF THE WEEK A PREACHER SENTENCED TO THE PENITENTIARY. A British Niea with 115,000 «Jallon» off PotroleKM On Bosrd Destroyed by fire at Men-Hborp John Honser and Henry Uoshnel, while boating on a mill-pond at Lisbon, N. H., Friday, wars oarrfed over a dam and drowned. Arbor Day was observed in Massachusetts on Saturday. Governor Ames and Mayor O'Brien each planted a white pine on Boston Common. Matthias Graeff, a prominent oltlzen of Lancaster, Pa., and the lost survivor there of the war of 1812, died on Friday night at the age of 94 years. A heavy snow-storm at Salt Lake City, whtah oontlnued In squalls for about 12 hours, ended Bnnday morning, leaving the;ground thoroughly soaked. The commissioner of agriculture Fri day received a telegram reporting the ex istence of contagious pleuropneumonia among cattle at Golden Bridge, N. Y. The business portion or the village of Bylvania, 10 miles north-west of Toledo. Ohio, was destroyed by fire on Tuesday night week. Tho loss aggregates $30,000, the Insurances only $4,0007 Bids were oi>ened In Baltimore for $86,000 city slook bearing 8.66 per cent interest. The whole was sold at a premium of 4.80. The bids aggregated $251,000, the lowest offering having been a premium of Henry MleJzener was arrested Friday •^Baltimore on the charge of having stolen $2,000 worth of Jewelry from Mrs. D. Levi of New York. He admitted his guilt. Over half of the Jewelry was found In his posses sion and pawn tickets for the remainder. „ . elapaod since Philip Scherdweller and hl9 young wife were murdered and robbed near Breslau,L. I., aud there seems as llttlo prospect of an elucidation çt the mystery surrounding It upon the day the orime was discovered. The Rev. a. M. Morrison stole a horse and buggy In Baltimore on the 6th lust. A few ,ys ago he was arrested in Massachusetts d returned to Baltimore. He was tried and convicted Friday and sentenced to «even years' imprisonment in the peniten tiary at hard labor. The Rev. J. W. Iloyte, a note«! revivalist, dropped dead Friday night In New Orleans Just as he was on his way to open his ing service at the Presbyterian church at OaroUton. He had btea here but a short Three months havo time and met with great suoeess. He had a family at Nashville, Tenu. Tom Gould Friday, at New York, sur rendered himself, having Canada for that purpose. Later, in the oourt of general sessions, he pleaded guilty to four lndlotmeuts charging him with vio lations of the excise and amusement laws, and was fined $1,000, which ho paid. Marker Bush died Friday at the oily poor farm, Pittsburg of softening of the nraln. He was for many years proprietor of the Bush House.ln Pittsburg, and time also owned the Point Breeze Hotel, Philadelphia. Reported to be worth $600,000 a few years «go, he died poor.liav Ing gambled and lost large boree races. bMi limp by bett lug On Friday midnight a band of regulators surrounded a disreputable house cheater, Ohio, the occupants of which had paid no attention to previous notices to leave. When the leader knocked at the door and informed the occupants that they must leave, a volley of shots oamo from the windows, wounding several of the party, one fatally. At Wethersfield, Conn., on Friday night, a farmer named Cowles discovered u tramp !u his barn lighting a match. He ordered the tramp out, but the follow drove out Oowloe with n pitchfork, and deliberately fired the baru, whioh was destroyed with Its contents. The tramp remained Inside until the fire was past control, when helled. He was captured by Cowles and the neighbors, after he had been crippled by buckshot and olubbod with the «took of a gun. The will of the late Alexander Mitchell of Milwaukee, has been read In private to his family^.but Is not yet probated. It Is wild, however, that the folio wlug public bequests made: Protestant Orphan ABylum, $10,000; Catholic Orphan Asylum, $5,000; Milwaukee Hospital, known as Passavant Hospital, $10,00u; 8t. Mary's Oathollo Hos pital, $6,01)0 ; Young Men's Christian Asso ciation, $10,000; N&shotah House (Episco pal Theological Bemtnnry at Noshotuh, WIs.); $6,000; Racine College, $6,000. Win* The Grant relies In the National Museum In Wash! public exhibition. Last week two handsome plush-lined oases filled with articles from the oollectlon were placed iu the north ball of the museum, near the muln entrance. They ooutalued the presentation swords, gold bsadod canes, caskets, medallions und many other costly and elegaut articles pre sented by different people ut different times to General Grant. Mauy of these articles are souvenirs of his trip around the world. The British steamer Ben Hope, from New York, with 116,000 gallons of petroleum, was destroyed by fire on Thursday morning fifty miles soutb-«»a8t of the mouth of tbe Savannah river. Captain Patrick Doyle and 18 men, who took to the boats, picked up Friday morning by a pilot boat in Tyboe roads and taken to Savannah. The seoond mate, Duudas, and four seamen are yet missing, but the oaptaln thinks they Will reach shore safely. The vessel was owned In Liverpool and oost $160,000. The pardon board, at| Harrisburg, Fri day approved the application for a pardon In the oases of Michael .O'Brien and Chris topher Donnelly, knonte» the 1«"* *»l we Molly Maguires. They irere Bentenced n 1876 to 14 years each ,4u the Bohoylkill county prison, for complicity In the of Gomer James, at Shenandoah, and the attempted murder of the Major brothers, and William Thomas, at Mahanoy City. Commutation deducted, their sentences would bav® expired In June next, unie should have been held that the two tenoes Imposed upon each did not merge,iu which oase they would have about two years longer to serve. Foster's Opera House, at Des Moines, la., was burned Friday afternoon, and only the side walls and front offices remain, it was one of the finest theatres In the state. The fire originated about the stage, and when discovered hud gained such headway that the persona in the third story offloes were obliged to make their through the windows by the aid of the fire- men's ladders. Miss Hattie Duke, a stenog- rapher, was nearly suffocated, und borne Insensible down the laddor. Ihe girl's reBouer, a fireman named 1 at rick Lynch, nearly lost his own llle In Having here. The loss Is abolit $35.000 ; insurance, $26,000. The origin of tbe lire Is a mystery . Fost» r says the structure will be rebuiltau«l enlarged, p E# church, iu Now - Potter confirme«! beiug placed U I I . RXil York, Sunday, Bishop 99 women and girls, 28 men an«l j*4 boys. He later réoelvod Into the Order of Deacjon esses Miss Fornarer. She was oonduotod to tho bishop by Dr. Ralnaford. Th«»rvlc® had been arranged by Dr. Ralnsford aud authorized by Bishop Potter. After speuk ing of tho candidate's toMKlom for an octof speolal selI-oonsecr»tlon to works of piety and charity, and her ütnos« î/or such a serv ice, the work of meroy t° whioh she devoted herself was mentioned. The bishop added. "We have said that we believe you to be free for an act of self-consecration to works of piety and charity. But we admit of no irrevocable vows In this matter. Clrcum stanoes may poiwlbly change; ana should superior olaims to your serv ice arise in your family, or should Providence clearly indicate that your plaoe of duty is elsewhere, the prope* authority will recognize the necessity and will obey the summons to depart, as obey the voice that Beems to cau into this meek and loving vo you you you to enter cation." A we,t-bouDd eipre«« «»Id od tbe Southern Peclflo ltallrouil wee «topped eud robbed bj several meu *t Pep»go Station. 18 miles east of Tuoeot), Ariaoua.about ». o'olock Wednesday eight week. Harper, the eaglueer, when approaohlug F»P«®°. signalled by a red lautere to stop. He «lowed down, and as bo approached tbe light noticed obstruction» wtleb would bare derailed tho engine bod he not ipped. The robbers, variously estimated from live to eight In mimber.Ilred several ■bote Into tbe eiprees ea-r, »»i 1 "" ""' a pistol In eaoh hand hoarded the looomo tive and commanded Harper not.to get down. The other robbers had, In the time been prying open the express °ur« ana falling to got It open, they plaoed a aüok of giant* powder under It and OOmpeU*! Harper to light the fuse attached. This be wae obliged to do, but to avoid being blown up the opened the oar and the robbers took pos session. Alter eitlngulsblng the luaetbey then took charge ol the oar. uncoupled the engine, baggage and eaprw oar from t remainder of the train and made Harper _3 and pull ahead two m. This being done, Harper wae put off and tho robbers took obargo ot tbe engine and pulled two mils* toward Thoaon. Ilere they killed the engine and left it. During the run tho robbers went through tbe mall aud express oar", but did not got more than *5.000 from Wells, Fargo A do. They got two paokages ol ratlroad money, one *1,910 end one ol »600, and also two packages ol poetage stamps going to the post-offloe at San F»nolsoo- None of the passengers were molested, ana some ol tbam know nothing 0« wh»t was going on. ■to it th« IS WAB HE MARSHAL NEY ? A Sensational story From North Carolina. Charlotte, N. 0., Observer. A recent number of the Salisbury Herald contains the following announcement : Drs. J. G. Ramsay, Wood and others pro pose to take up on May 3d, the remains of Peter 8. Noy, which lie buried in the Third Creek graveyard. Thoy will be pleased to bave the preseuoe and assistance of physi cians who think It proper to attend. This Is dono at the request of Mr. Lyman Draper, I resident of the Histor ical Society of Wis consin, who wishes to ascertain whether the oalvarlum (skull) has been trephined or not. We await the result of this Investi gation with a great deal of curiosity. In the second decade of the present cen tury a gentleman who called himself Peter m "S*,V ulK A lt öcbot)1 îû the western part of North Carolina aud, while visually reticent ordinary, faots cropped out that lead to the belief that Me was the veritable Michael Noy, who won distinguished honors in the French army and who commanded the old guard' at Waterloo, which knew how 10 . but did not know howto " sur render/' History, records the fact that Ney, the French marshal, wus executed in Paris De cember 7th, 1816. Those who believe that Peter 8. Ney was Marshal Michel Ney, assort that when the detail of soldiers, appointed to Shoot their former communder, executed their orders, they fired simply blank cartridges. Ney, who had been let Into the plot, fell on his face as a dead man. His body was carried off, aud in a short time his living body was on Its way to Amorica. The exhumation of the remains of Peter a, stated In tho artlole from the Is to discover any possible clno to the belief that tb«> school teacher of W«stern North Carolina of tto years ago, veritable Marshal Ney of France. The public will be much interested In any discovery that will throw light or falsity of the mutter. ■ he the truth FLOODS IN MAINE. The Kennebec Higher Thau for 18 Yeare-inilllouaof l.og« I.ooae* Waterville, Me., April 30.—Rain has been falling for 86 hours and the water Kennebec river has risen to a greater bight thun has been known for 18 years. Two million logs at the Somerset mlllshave broken loose and In floating fast to the . Many buildings along the river bank are afloat and the water la still rising at the rate of six luohes per hour. The damage cannot fall to be great. TRY1HO CATCH IXKIH. Gardiner, Me., April 80,— The water In tho Kennebec river oontlnued to rlæ rapidly throughout the night, and this morning was irly as high as at the time of the freshet 1870. At 8 o'clock Brown's Island boom, one mile above the city, gave way, and a greater portion of the logs will go through the sea. The advices from Fairfield report that the boom there broke early this morn ing setting free upwards of 2,000,000 logs. Lumbermen here are on the lookout and attempt will bo made to prevent thoir fol lowing the Brown Island logs. Trains the Mutne Central running on time thus A YOUNG LAWVRR'S CRIME. Forging die Name of F x-Judge It room all of Media tor $4,000. Oliver Troth, a young member of the Delaware county bar, has absconded and It ascertained that be Is a forger to tbe amount of $4,000. He forged the name of Judge Broomall of Media, whose Chester interests the young attorney looked after. Notes to the amount of $4,000 were found In the Chester banks with a very good Imi tation of John M. Broomuli's signature attached to them. Ho connected with three building associations and he is found to be abort $2,000 in one of these. Mr. Troth left home Saturday week, and his speculations did uot leak out until Thursday. His father, a wealthy New Jersey farmer. to Chester Thursday and made good all his son's deficits. Troth came here from New Jersey olght ten years «(go as one of the proprietors •)f th« Knenina New», and finally drifted into the bar. Nobody knows where b«» nos what be did with tho money he gone raised. He was a married considered very fast, and his crime Is a sur prise to everybody who know him. 'and not A SAU SUICIDE. A Portland Young Womau Kills Herself Saturday Morning -Prof hi f lusnuo. .and, Me., April «80.-— A sensational Green street at 2 o'olock P< lurrad suicide this morning, the vlotlut being Miss Alice Cobb, ag«'d 24 years, Haughter of Alvin Cobb. It is stated thatJtor some time past the girl has shown sign,» of Insanity. Early tnls morning tbe girl's fattier heard a pistol shot In her room aud, forcing tranoo, found her dead on the floor, with a ball through the heart. The following note was fastened to tho wall with a knife : not crazy but my health is broken. all who have ■ HHH to die. will cio so. But if my spirit can come buck I will haunt him until he dies. Take my letters to Maggie for her to burn. I weary of living and suffering. Father has driven me to this. Alice." Mr. Cobb said bis daughter was tlonably insane and had been "I A dead woman's cures Father wants Hques some time. FROM JUDGE COOLEY. Give Reduced Right of KatlroadH Haie» to Heliglou» Worker». St. Louis, April 28.—The following Jotter ilalns itself : m . . Washington, D. G., April 19 -To Meter »of St. Joseph, St. Louis : Yours of the 14th In stant requesting that the lallroad companies give you free transporta been jiccuBtomed to do. bo authorized to tion as thoy have . ... has been received and considered, ana the commission regrets that It cau make der upon them for your ben efit. The railroad companies must determine for themselves what shall be their policy in tho granting of favors to persons engaged in religious works. The statute, in plain terms, allows tho giving of reduced rates to ministers of religion aud If they are given on some gen eral and impartial rule, no question or Its legality oould arise and no railroad com pany could have occasion to fear penalties. 1 T. M. Cooley, Chairman Interstate Commission. A Noicd Dotpirulii) Uspliired. Han Antonio, Tkxah, April 28 —James Reed, an alleged murderer was captured here to-day. Two yoaçt ago a United States soldier lu company wltn tl!r ' 1 ' u I , 1 c1 "' jsens murdorc«! an old jeweler mimed Block for his valuabl««, In Matarooras, Mexico. The miud«»rors were captured and sentenced to be rhot. R «»n and Williams OH.yiped, stole Hue ho. ses and and were present at fellow« Id orlBie. lleeil ma.le hl» way to California, where, IIJs alleged, he com □fitted numorous robberies and has slam men. An International complication now arises. M«<xlco has a sentence of death pa«Bed upon him, and California wants him fororlme. He dentes being the party wanted, but officers and soldiers any they cannot bo mistaken In this case. reorossed luto M* xlco, the «•xocutloü of their tw B. Sl O. Appointment». Baltimore, April 28.—President Garrett has made the following appointments on the Baltlmor«) A Ohio railroad. A- J. Cromwell to be superintendent of motive power for all lines cost of the Ohio river. A. Hunter Johnson to be engi neer of maintenance ot way tor the mala stem and branches; head-quarters r«u both are at Baltimore; W. H. Harrison to be superintendent of motive power for tue tram* Ohio division, und David Lee, su perintendent of maintenance of way tor the trans-Ohio divisions, the latter two to have headquarters at Newark, O. A Baltimore Editor*« Bcatl». Baltimore, April 28,-Major Inaos Ran dolph, aged 60 years, one of the editorial staff of the American, diod at his residence Mujor Randolph came to Virginia after the oloso^or In this city. Baltimore fro the war and was for several years staff of the Gazette. He subsequently joined the staff of the American. a gentleman of brilliant attainments and a versatile writer as well as an accomplished musician. Itll Gwui. Suffocated WlLKESHARBE, PA., *pril28.—A Well «tressed young man, aged about 24 years, whSsenlmeissupposedtohavebeen fanes rtftunt was founa dead In a room In the 8t. SS'iS". moritlng. He tadbnen sufloontsd with f". ft0 " iif ÄS not been turned off. He was a strangar here and Is supposed to have come from West Chester, Pa. Three Children Burned to Death' White Wright, Tex., April 28. Three children were burned to death Inafijnn liousa 19 miles Wist ot her« afternoon. Their moth* "fÏ aedah.twr'S i 0 nfiÄabs O eÄ tt e S ÄSS down. The name of the »infortunate Is Welch. They came to Texas from south Illtnois. Thomas F. MoGowan, dlBtrlot-attorney of iTAKK TWAIN ON QUANT. Sonar ChanutoHaUc Criticism off na.lhew Arnold and Mis Oram IlAHTroan, April 37.—At the annual union of the Army aud Navy Club of C neotiyut this evening, the chief adders on the memory of G eneral Grant was mod i by the R|iv. Dr. M. B. Riddle, formerly a chap lain tn the service He was followed by 8. L. Clemens (Mark Twain), who deliver« characteristic address. He said : I will detain you with only Ju<«t a few words—just a few thousand words, and then give place to a better been created. Lately, a great and honored author, Matthew Arnold, has been finding fault with General Grant's English. That would be fair enough, may be, If the exam ples of Imperfect English averaged more Instances to the page In General Grant's book than they do in Mr. Arnold's criticism upon the book—but thoy don't. [Laughter and /applause.] It would be fair enough, may be, if such instances wore commoner in Goneral Grant's book than they the works of the average standard author— but they are not In truth. In Mr. Arnold's paper on General Grant's boot» we flud a couple of grammatical ortmes and more than several examples of very orude and slovenly English. Here In one I "Meade suggested to Grant that he migffit wish to have immediately under him 8herman, who had been serving with Grant In tb® west. He begged him not to hesitate if he thought It for the good or the service. Grant assured him that he had no thought of moving him, and In his memoirs, after relating what had passed, ho adds/' Ac. To r-ioa that passage a couple of times would make a man dizzy; to read it four timen would make him drunk. [Great laugfiter.] I don't think Mr. Arnold was quit® wise, for he well knew that that never yet born who oould safely assault another man's English; he knew, as well as he knows anything, that! the man never lived whose English was fl îwlees. r«*>ple may hunt out what microscopic mot®® they please, but after all, the fact re mains and can not be dislodged that Gen. Grant's book Is a great (and In Its peculiar department uui(juo) and unapproachable literary masterpiece. In their line there Is n«> higher literature than those modest, simple "memoirs." There style is at least flawless, and no man can Improve upon it. Whfit do we care for grammar when we think of the man that put together that thunderous phrase: "Unconditional aud Immediate surrender." And those others : ••I propose to move immediately upon your works "I propose to fight It out i line Hit takes all summer." [Applnuse.] Mr. Arnold would doubtless olaim that that last sentemje Is not striotly grammatical, and yet, nevertheless, It did o rtainly wake up fhls nation ns a hundred million tons of A 1, fourth-proof, haid-hoilod, hide-bound girtmmar from another mouth couldn't have dt" And fiaally we have that gontler ph^lse, that one which shows you another trim side oI the man—shows that In his soldier benrt there gory war mottoes, and in his tongue the glff. to fitly phrase them : "Let us have peace." [Prolonged applause and cheers."] •d a —If h«î has UUrlMQ for other than FIVE MINERS SUFFOCATED II» in a Comt Mine at Aatolnud Pennsylvania. I'oTTSvnx.E, Pa., April 27.—A terrlb'e ac cident occurred this afternoon at Tunuel OoTlery, Ashland, operated by tho Phila delphia A Reading Coal and Iron Company, by whioh five men wore killed, leaving willows and seventeen orphans. Owing to nq anticipated "run" of tho "pillars'' the •st gangway had not been working for a jple of weeks. reason only a few experl enfc®<i miners were working to-day, or the mortality would have been far greater. Notwithstanding all possible circumspect Ion th«» apprehended "rnn" occurred about 1 o'clock, bringing down with the coal a volume of deadly gas, by which tho five hu man vlotims, together with six mules, wt»re suffocated. Tho accident was not die cohered until some two hours later, and w]i®n the air of the fatal gangway hod been fflclently purified to admit of reaching all found dead. Their ; he th® vlotlruH they Michael Bohunna, ag« d 26 years; leaves a w/dow ® n, l two small children. Daniol Finn, age 35 years; leaves a widow and eight daughters, the eldest 15 years old. Ebenezer Francis, age shout 80 years ; a foreigner who b»id been lu this o«u'itry some six months oialy, nnd had taken auother BLibdttute for the day. Harry Gill, fire boss vftt Imvfis & wiaox anâ tour children. Harry Warsou, age 35 years; married about a month. 's place JUMPED FROM THE BRIDGE. A Young Broodl»n Printer Ntiikev ttoe Water Head Flrut* printer living in Brooklyn, jumped from the Brooklyn bridge wonk and struck the wat r uninjured, and at onoe struck out for the shore, but had swam about 100 feet when a line was thrown him from a passing steam lighter and he was bourd. Tho bridge police tried to stop tbe jumper from acoompllshlng his purpo»e, but were unsuccessful. Although one of them had hold of de Freitas' leg he managed to break away and went down like arrow, turning two complete somersaults in tbe air. He was arrested last night and will be tried to-day. de Freitas is about 6 feet and 3 inches in hlght, weighs about 180 pounds and Is not over 20 years old. He wore a dark oolored saok coat and trousers, a white undershirt and a soft, light oolored Emanuel do Freitas, ycsrenluy head first. He New York, April 28 —Emanuel de Freitas, the 17 years-old lad who successfully jumped from the Brooklyn bridge yester day was to-day sentenced to prison for three months In default $300 ball. Jay Honld'» Big Purck 8t. Louis, April 80.—A looal paper says : Jay Gould has perfected the purchase of 168 acres of land from JohnBefinger for the consideration of $86,000. The bought for an extensive manufacturing site where the machine-shops of both tho Mis souri raolflc and Iron Mountain A Southern are to be consolidated, authority long bare commence to carry out his plan for an dustrlal town and maohlne shops, where at least 4,000 men will be employ«*!. These employes are to be furnished with pleasant dwellings that are provided with all kinds of conveniences essential to homes for flrst cluss mechanics. It will be years before this suburb oan be put in running order. It la located just south of Carondolet Park. It Is sold on that It will not Mr. Gould will .! m Woman Pol»on« Her »elf mud Child. Racine, Wih., April 80. -Mrs. Miohael found dying and her adopted Brown ... . _ child dead lu their home here veeterday. Tho house has been looked and Its win dows drawn since last Monday night, and It was supposed that they h»»d gone away. Yesterday afternoon a mail carrier peered through the bedroom window and saw Mrs. Brown und th * child lying upon a bed, the former breathing heavily. He sus pected that something was wrong, and noti fied a policeman, who broke open the door. Investigation proved that Mrs. Brown had poisoned herself and the child. The latter had been dead three daya, and ltbbody was badly decomposed. At last accounts the woman was alive. $; 10,000 Vermont tire* Bradford, Vt., April 29. —The Trotter Houso, owned by A. L. Fabyan, was burned this morning. The guests and employes, some 40 in all, escaped, but lost their per flnnul nronerty. The hotel was Insured for sonul property. The hotel was insured ior $16 000. A livery barn, owned by H. E. ' occupied by Libby Brothers, lent-house owned by W. B. Stevens and ocoupmd by Libby u rot tiers, and a tenement-house owned by W. B. Stevens were also burned. The total loss Is $30,000, whioh is about two-thirds covered by insurance. A Bull-tlgtot by Electric Ll|bi. Ht. Louis, April 29.—A dispatch from the Olty of Mexico says that in a bull-flght which was seen by President Diaz and eral members of the cabinet, the bulls u-.. all desperate and four horses were killed, several torn and crippled, two matadors nearly killed and several picadors disabled. It was tho first time that bull-ffghtlng had been tried by electric light and the dazzling light seemed to make the animals wild. Three Negroe* Found Hanged. Prootob.W. Va.,A pril 80.—Three negroes, brothers named Sylvester, were found hanging to a tree this morning, eaoh bear ing a placard. "Nigger thievery must be broken up." Farmers of tho neighborhood have suffered depredations a long time,and have finally settled on the Sylvesters as the guilty ones. No arrests have been made. Died From Eating Wild Parsnips Indianapolis, Ind., April 28.—NearBoono vlUe? five boys, J. ß! Wilson, Willie Lamp ton Louis Irwin, Emmet Moore and Gifford Lampton, while roaming In the woods yes terday ate wUd parsnips. Three of them died within an hour ana expeoted to^reoover ; the fifth will probably survive. the fourth Is not A Clmrch Set an Ft»«. Amesbubo, Mass., April 80.—The Metho dlst ohuroh on Pond stwet was dMtroiod hv lire this morning. Tho loos is »19,000, iMUranoa **,W!0—nn bulldlnj «8,000 oni on turnltnrs «1,800, Th« Un tm the work ot an to**ndl»ty. ( \ HU NR ¥ MEND IN HALL BRAD. Hlo lle*tb Canted by Apoplexy Frl dafCHornlnffi The whole business and social commuulty was shocked Thursday when the lntolll sprôad that Henry Mea Evxby Evenino bad au quickly dlnhall was dead, nounced on Saturday week that Mr. Mendiu hall was confined to the house with a cold, but that he was reported better and it was thought he would be out again lu a week walking out Delaware avenue about 10 days ago, but Tuesday evening, the 19th Inst., to attend a social gathering at "Bookford, the resi dent* of Samuel Bancroft, Jr, Before breakfast the next morning, however, he was taken suddenly with a severe cold nnd Dr. Negendank was at once summoned. The latest reports had been most couraglng, having nothing alarming In them and therefore lessening hole, if any, the shook caused by the announoment of his death, Wiloh oocumd at 7 o'clock Thursday morning, hour Mr. Mendlnhall was up, had finished dreeing, and was sitting chair telling what he would ill breakfast. Mrs. two. He caught cold while able wltn his family At that almost : In a ko for Mendlnhall was ab >ut to leave him, when she heard a shoving sound If Mr. Mendlnhall were pushing a chair away from him. Turning she noticed the Hushed appearance of his face, and found he did not answer her. De^Neg®nd>>nk was at onoesummoned,but UfdJtODably was extinct ill a few seconds after the strike of apoplexy, and when the dootor arrived Mr. Mendlnhall was dead. Henry «id« a» mn Second, August 20th, 1887, and conse quently would have been 60 years old • his summer. At the hae of 17 he went into the store of George Richardson, which was then at 304 Market street, where he learned the hardware business. There he stayed until he was of age, when he went to MoDanlel, Cralge A Go., where the Diamond ipany now Is. Mr. Mendin half iuterest*of Mendlnhall was bom on the cast King street a few doors above State Iron Com William H. hall bought the Cralge, and the firm was McDaniel, Adams A (Jo. until Delaplalne McDaniel, John H. Adams and Henry Mendlnhall, Incorporated the Diamond State Iron Oompany ln 1SC5. Mr. Mendlnhall was the first president of this very successful oompany, and held the position up to tho time of his death. Mr. Mendlnhall was ready to and did lend a hand in many looal enterprises, he was officially connected with but few, finding his time pretty well monopolized by his work in the Diamond State Iron Com pany, of which he was generally considered the main-stay. Last year, however, upon the death of Edward Pusey he became his successor as a director of the National Bank of Wilmington and Brandywine. He never held any publie offloe, but was well known as a strong Republican In politics. Mr. Mendlnhall was married to Elizabeth W. Wilson, daughter of Eli Wilson, on Sep tember 11th, 1860. He leaves a widow und two grown daughters Jessie and Eleanor. Mrs. T. Clarkson Taylor, a sister, Edward Mendlnhall dlnhall Having lived tils family having Intermarried with other local famlbet, mere is a large dp-lo of mourning relatives and friends. Mr. Men llnhuil.suowed his lnt<.*re&t both In the 111» ■ral branch . ft.ae Society of Friends and b* Uut'arlan Church. F.ir many years Mr. Mendinbnll lived at 806 West street, Jbut about two years ago milt the handsome residence at 1107 Dela ware avenue, Frank Furness being 'he architect and designing one of the most elegant homes In the city In the 1885 Mr. Mendlnhall and his family abroad, and It was then that sytnpN noticed which made his friends think It not Improbable that bis death would be sudden, eHpeciaUy.au his father and sieter had mot with sudden deaths. R bile older, and William G. Men younger brother survive him. Wilmington all his ilf«) und There was a large gathering of rela tives and friends Saturday afternoon at the funeral. The oasket was in the parlor, the upper half of the Jid being removed leaving the remains exposed to thron with of the lid. At a few minutes of 4 O'cltck the employes of the Diamond State Iron Oompany, of wbich Mr. Mendinhn.il was president for 21 years, filed through the parlor and out the side door. The ceremony igh glass. A single palm loaf tied dark ribbon rested on the lower half in accordance with the oustom of the Society of Friends George W. Stone read from the 23d aiIff 121st Psalms and the xiv chat ter of John, after whioh he touchingly referred to the deceased and the gréât evidences of im mortality, olosing with an appropriât« 1 quotation from Whittier's "Snowbound." All those except the immediate relatives then left the house, the interment being private in the Wilmington and Brandywine cemetery. The honorary pall-bearers were: George S. Capelle, John T. Davis, Henry Lea, Preston Lea, Clement B. Smyth, George W. Stone, George W. Todd and E. T. Warner. The pall-bearers were the fol lowing ohosen from the oldest employes of the Diamond State Iron Company: Miohael Grant, Sr., John Feeney, Sr., Benjamin Cummins, Robert J. Wirt, Thomas Anderson, Frank Manien, John Schaffer and William W. Reea. Among well-known eitizens present harles Warner, Edward Betts, were : JoBhua Pnsey, Job H. Jackson. Washing ton Jones, W. G. Pennypaoker, Hon. Charles B. Lore, Jndge Wales, W. 0. Spruanoe, George H. Bates, W. H. Swift, William P. Bancroft, William Oanby, William M. Canby, A.D. Warner, Charles G. Rnmford, George Richardson, Z. James Belt, James Morrow, Daniel W. Taylor, James G. Knowles, Granville Worrell, Captain Alexander Kelley, Cap tain Willard Thomson, Thomas Jaokson, J. H. Hoffeoker, Jr. Among those from Philadelphia were : John Sellers, Sellers Banoroft, George Barnes. PURCHASE OF "THE PLAINS." To toe Converted Into » Benedictine Nunnery and Academy. The Benedictine Sisters of Charity ef Newark, N. J., will remove fron! that place next autumn to "The PlalDB," borough, Caroline county, Md. The property has been bought from Allen Thorndike Rice, editor of the North American Review for about $30,000. The property will be transformed for the purno academy and nunnery. There comprised In the purchase, consisting of 600 acres of plow-land, 20 acres of fruit trees and ISO of oak timber. The buildings were erected by an aunt of Mr. Rioo at expenditure of frame with brick basements. The main body of tho slaters will remove to The Plains, leaving a small number to take parochial work at Newark. This will be the first Beuediotine academy In the country and will be the head of tbe hereafter. The buildings mirably Buited to tbe purposes of tho purchasers and will need slight ndlture in alteration. One will be used an aoademy, another for a nuunory third for a guest-house. In add! there Is a teuant of farming Implements. Green i* of a female $125,000. They Rd< ordm I and itlon , and a complete set A Democratic Defiance. Editor Gazette <fc Journal: The Republican rejoicing over what th«»y call a victory in carrying their points In the Democratic Legislature, but let them rejoice with fear and trembling for there Is enough vim and Integrity In the Democratic party to meet every point. There Is nothing to 1 no subterfuge to stand back of. A fair show has always been accorded them, but they have asked a greater range and now have It granted. Let their whining stop and let them realize the fact that not afraid to give In the them at hide and Democrats most liberal way to all parties who really oltlzeus a chance to express their measure, choice for candidates yet they will be compelled to know l$at repeaters and hirelings, su«»h as were them in 1882, will have such partlos a chanoe, In the past, has been the aim and desire of our Repabllean friends. Rhode Island went Democratic (sinners may return while the lamp holds out to burn) ; but with a conscientious gard of right, Delaware has not A. Democrat. foi show. a 111 Death of Hr». A »pin. Mrs. Sarah Aspln, mother of the well known coffee roaster John Aspln, died at 'sUhouse Thursday. Mrs. Aspln has been ailing for five weeks, but up to last night week was able to be up and about.She was bora In Lancashire, England, April 26th, 1798, being consequently 94 years old Tuesday week. Notwithstanding her ad vanced ago she retained her sight and hear ing well and was quite bright almost up to her death. Sheoame to America years ago, and has lived here a quiet and retiring life. Her husband died in 1879. Mrs. Aspln was tbe mother of eight chil dren, of whom five survive her, the other three having died In England. Of the sur vivors, her eldest sou and daughter are In England, and another daughter In Ohloago. b n 18 The Felton Coming Back. The withdrawal of ton from the Oape Line Is a permanent oeeflution in that region and the stéam« ably return to Wilt 4$va. die Steamer 8. M. Fel Charlea A Richmond of her duty will prob wtthln a few COURTS KENT COUNTY THE MOST IMPORTANT OASE ON Tumityiru* LIST. The WifllltwMBU »toe l.ycomlng Fire iPMiranctt ésnipany va. The Wat* IMA* Company. UMÉ A. ■ Hpeolal Correa Dover, April 28~~Oourt opened yesterday morning at 1ft o'clock. Ou motion of H R. Johnson, Esq., the resent sheriff was authorized to make a eed for certain tends sold by his prede cessor. wo* charged with assault and battery on Charles Fisher. The jury after an absence Of an hour returned with a verdict of guilt^and the court sentenced him to pay a fine of $20 and coats and be imprisoned threë^ months.; R. B. Kenny, Esq., for defendaaiand Thomas Davis,Em ., for State. On Mr. Massey's i . James W. Adam was postponed material witness. 4± State vs. Jacob fffavls and Florence Hari less, both colored turkey ►of Gazette and Journal lsalah Vinson MOD th< of State with larceny, absence of a . aha nnd ig to the lj cnarged with tho larceny d 18 chickens, was called the «onclusion of the State's of uext, and testimony Mr. Watson. defendants' counsel moved granted and the case went to the Jury, after having been out seven hours turned a verdict *»f guilty as to the and not guilty as so the woman. The torney-general entered a nolle prosequi iu of Charles Fisher charged with a non suit which was not I re b larceny. The sented reoess was taken. In the afternoon the trial list was taken up and 14 cases were marked for trial, 28 oontlnued, Judgment was given in three, three were discontinued and one was passed. Of the oases marked for trial, the first to be taken up-Is one of the most important In the courts of the State, being John A. Beeber, receiver of the Lycoming Insurance Company of Pennsylvania, vs. Walton, Whann A Company of Wilmington, J. Alexander Fulton of Dover, and Hon. H. C. McCormick of Williamsport, Pa., for the plaintiff, and Benjamin Nlelds and W. H. Hayes for the defendant. Mr. McCormick Is congressman-elect from the Williamsport district, and was admitted pro haeo-vloe by the oourt. The facts of the case are about as follows : The Lyooming Fire Insurance an old company chartered of the most popular grand Jury entered at 12 08 and pre several indictments, after wbich a i In about 1840 and was and strongest in the country prior to 1879. It did business on the mutual plan. In enormous and uuprecedented ; several Pennsylvania towns whore it had many risks, were nearly swept away. This necessitated a large call on the members, many of whom refused to pay and tbe oompany was compelled to go luto liquidation. Several assessments made, and these suits are brought ro re cover them, the Insured having refused to pay them without, sued for, are less than mlum notes given to the should the to pay the 1 When the attorneys asked the oourt to require the plaintiff to elect between this aotion and one which the oompany had brought in New Castle county, similar actions could not be brought. The plaintiff, that 1879 the losses by fire half of the pre oompany recover It will be able losses, if not. It will not. oalled the defendant's the ground that two tbe other hand, oontendod that a matter for the New Castle court to settle and the court so ruled. At 4 o'clock the grand jury entered and Indictment against Harry d the oourt dis charged them from any further attendance resented irinckle, for burglary, this The recognizances In the cases against EUza L. Wharton, charged with ohtuiuing money forfeited the dehindaut having absconded. arraigned false pretences <!• o are ! Harry Brluekle charge of breaking Into the the Of Mrs Lida Green. He pleaded not guilty, bis trial b^Jng in progressa when the eourtadjourned at 6.10 p. m. Before A'dormau Jester yesterday William Dean, colored, was charged with assault and battery upon Eugene Garter, colored. Tho alderman found him guilty, flued him $2 and costs, and require«! a bond of $200 to keep the peace to be given. A charge of carrying concealed deadly weapons not sustained. « Mary Elizabeth Jackson was discharged from jail at 12 o'clock yesterday .and Imiun dlately started to her home, and proceeded to make thin«»« lively for her mother.whom she knocked''down," kicked and took $10 from her pocket. Mary whs arrested and taken before Alderman Jester, who raltted her to Jail, where her screams oould be heard for several hours. Dover, April 29. — The Brinkley the Kent oounty court was resumed yes terday morning. After all the evidenoe was in the oase was given to the jury, whioh, after a few minutes, returned with a verdiot of not guilty. The civil list iu then taken up and of John A. Beeber, receiver of the Lycoming Fire Insurance Company . the Walton, Whann &, Co., was oalled. Tho plaintiff's attorneys are Henry 0. MoOormiok, J. Alexander Fulton aud Dimver Beeber, Esqs.; and the defen dants, George V. Massey, Edward Ridgeley, Benjamin Nields and Walter H. Hayes, Esqs. In addition to these gentlemen nearly every lawyer of Sussex oounty is present, and interested per sonally in the result. Nearly 250 have been brought in Sussex, about 50 in New Castle and 25 in Kent. The jury was seoured after the plaintiff had exhausted its three challenges and Mr. Massey arose and said he deemed it neoessary that the oourt should be ad vised of the exact condition of the reoord in relation to the case. On the 15th of April, 1882, a writ of summons was issued by the Lyooming Fire InBuranoe Com pany by James A. Beeber its receiver. On the 10th of July, 1883, in pursuance of leave given the plaintiff, he amended, as to make James A. Beeber reoriver party plaintiff, instead of Lyooming e Insurance Company. On the 10th of July, 1885, the plaintiff amends title of aotion to the Lyooming Fire Imuranoe Oompany for the nse of James A. Beeber receiver, withdraws all pleadings and files a new narr. This is the issue Dimver Beeber ojgmed the oase for the plaintiff. *Ho said the foundation of the suit was three premium notes, signed by the defendants, for $450, $825 and $372, respectively. The oùim is made assessments of three notes, and the full values. Tho assessments kuown as Nos. 39, 40 and 41, the lust being known as the i$<roiver's assessmeiit Mr. Beeber explained the difference be tween a stock oompany and a mutual oompany, and impressed upon the miuds of the jury the faot that this was a mutual oompauy, and that eaoh person holding a policy was a stockholder and liable to share in the profits aud losses. The oompany would meet, estimate the losses for whioh the oompany were liable, estimate the amount of premium notes and by simple calcula tion levy the assessment upon the notes; that is, every one who had given a note is to pay a proportion of losses. Assess ments can only be made when there losses and these assessments are only made to pay losses duriug tho life of the policies sued upon. The test ie when did the losses ooour for whioh the assessments made. The gentleman olaimed that the oompany would undertake to estab lish that they were made properly. In 1880 the company was oalled npon to pay an unusually large amount of losses. In a few hours fires occurred that would have shook muoh stronger com ponies. In a few brief hours $109,000 was lost in Fira Mm three )t for what town, and again $50,000 in another. The company not paying its losses promptly, the insured instituted proceedings and directors had been negligent in collect ing assessments,a receiver was appointed. The reoeiver immediately prepared a schedule of the debts and assets, and paid 50 per oent of the indebtedness, and has given bonds to pay the remainder. Now he asks that every polioy holder in this oorporation be compelled to pay portion of the losses. The aotual ; sued for is $411.75 on assessments 39 and 40 with interest from the 18th of August 1880 and $329.40 on assessment 41 whioh was levied by order of the oourt. Mr. Fulton offered the charter of the oom pany in evidenoe. Mr. Massey objeoted. He said that the pamphlet oontains joorpoi wealth the ground that the In a pro ainount 18 several aots of in of the vania, oonoerned, they had but it also contained what purported to be the proceedings This is not certified to the acts of Congress of whioh provides that a oonrt of reoord must be by a olerk of that oourt and cer tified to by the Judge that tho certifica tion is oorreot. And as the document is offered as a whole the whole must be re ration and acts of Pennsyl that objection, •on m. li in Eai of a certain oourt. , as provided for in 1790 and 1804, r jeoted. The procedings objected to con tained in substance the right given for the company to change its name from the Lyooming County Insurance Company to the Lyooming Insurauoe Company. Mr. MoUormick then offered a copy of the certificate of the reoorder of Lyuoming oounly. Mr. McCormick said that the aots contained in the little pamphlet were properly certified and that all the pro ceedings were held under thoee aots. A general act allowed a oourt of common pleas to change the name of company. By the terms it becomes the oompAny'a duty to return the proceedings to the auditor-general. The company will show that this return was made and will show the reoord of the oourt of quar ter sessions for the 20th of September, 1883. - Mr. Massey objected to the admission of the certificate of the recorder on the ground that he was not the proper party. That it was the duty of the oompaay to bring a record from the olerk of that court if the Pennsylvania statute allowed the reoorder to make a certificate that would not oyer-ride the statute of 1790. At 1.25 oourt took a recess. Shortly after the reassembling Mr. McCormick replied. He said there was reoord except what goes to the re corder's office. This reoord never goes back, and it is made evidenoe, and the fact of it beiug placed there mode it ap pertain to the oonrt. The court overruled the objection, and admitted the paper on the ground that the papers were properly entered. The de fence entered exceptions. James M. Bowman was sworn minute book of the oorporation was shown the witness and he identified it snch and that it had been made by him. Cross-examination—He said he saw the president make the minutes aud the wit copied them aud oompared tb> m. The president The meetings of the board v. generally minutes In niAOoe A the father of the wit about dinner and the ) day. Oa copied the the 17 th of June the approved. Have no recoil».otion apart from the minutes, exoept as to the adoption of the by-laws. The meeting that day got through about noon. (Hare Mr. Massey read to witness a minute that a reoess was taken to 2 30. This the wit ness did not explain very satisfactorily. ) Witness did not know whether a commit tee was appointed to examine the aooounts of the oompany. He had been the only secretary the oompany had v i • had. The by-laws, as set forth in the minutes, were then offered in evidence by Mr. MoOormiok. Mr. Massey objected, the ground the minutes not primary evidence. The objection was overruled. The insurance commissioner's certificate for Delaware Mr. Massey again objected, ground that the company had not alleged in its declaration that it was lawfully doing business in this State. Pending argument npon this motion the court adjourned. Register of Wills Wilds granted yester day letters testamentary upon the estate of Matthew Benston to John II. Benston of Wilmington. then offered. Doveq, April 80.—The consideration of the case of John A. Beeber, receiver of the Lycoming Insurance Company vs. The Wal ton, Whaun A Company, was resumed yes terday morning. Blr. Massey spoke for hour against the admission of the commissioner's certificate. This.he said not a sufficient declaration. Mr. McCormick replied for the plaintiff. He said that there were three or four places in the declaration that averred that the company whs lawfully engaged in doing Insurance business and he held that this broad assertion covered the ground. Mr. Nlelds, for the defence, followed in argument of rau«*h foroe. The declar ation of the plaintiff sets out to say, re marked the speaker, that this Is the Lycom ing Fire Insurance Company of the state of Pennsylvania, there ts their charter offered tn evidence showed that tbi- company had power to do business outside of tho borders of Its own suite. They must stand strictly upon the piea-llngs as thoy are alleged. The proof be as stated and cuuuot go outside of that. Mr. NMd.- quoted ttumenus authori ties Id and that charter nowhn «apport of his position. Rlageley followed. He said theplaln Iffs must show that the right todo business be eleany shown by the plaintiff and staked In the narr the admis sion to do so was fatal ; presumption |would do. Tho fact roust be Absolutely stated. Mr. Fulton replied for the plaintiff, that ihe want of license could not be taken ad vantage of by defendant, but by the State. That want of such license Mr. McCormick said that they admitted that saury for them to have a license, that It was necensary to comply with all the laws of Delaware, but tho point they con tended for was that their* declaration was sufficient. Judge Grubb announced that the court would re oder a decision at 3 o'clook, and at 12.80 court took a recess. Immediately upon reassembling Judge Grubb announced that he would rdhder the decision of the court, which was, In sub stance, as follows : The objection of the de fendants Is that the man does not state that the company was lawfully doing business In this State, and, therefore, oould uot un dertake to prove that fact by offering that certificate in evidenoe before the jury. This seemed to be an Important question. While we regret that we must decide iu the way compelled to, we have reached a conclusion which seems clear to us. In two or three places the plaintiff alleges In that they Mr. In thin State defenoe ■15th On the of July, 1880, application was made by the defendants to be Insured and that appllca acoepted. The counts in that Ç lace show any au be charter was In tion declaration do In thorlty In Delaware evidence, assuming under that oharter the Lyooming company Is authorized to do busi ness In Pennsylvania and also in Delaware. This might have been the case, were It not Insurance law, whioh made tt un lawful for business, mlssloner upon complying with the law; that law negatived any comity between the states. That being tho case, that corpora tion can do no act In Delaware, though tborlzod by Pennsylvania. We think that tills corporation was bo«ind to assort in its ih* facts. It was bound to take notice that this company wus licensed and they were bound to show their right to do business aud tho onus was put upon the plaintiff to show the rlghtto d » business by the statute a ul therefore we fori that we must ref use to admit the testimony. To you, gentl«*m *u f om Pennsylvania, who have a-guod this case, wo say to common law practice have we shown any relaxation of that prac tice. in relation to the rules and prloc'p«l*« in vogue in this State for many years. In Pennsylvania, where you no doubt have liberal rules of pleading. It may have been different and that no doubt is tbe reason of your mistake. Mr. MoOormiok then moved to make a formal amend mend to tbe narr iu accord with the leave of the court and bas«)d his application upon tho following sections of the Revised Code. Chapter 112, section 11, which allows amendments either in form or tubstanoo la any case at Issue, to bo made before judgment, and section 14 chapter, which allows amend ments during the trial wheu any variance shall appear meats shall the ease and the opposite party Is not pre judloed. Mr. Massey objected to tho amendment being allowed. He said that In his oplalon the amendment desired did not oome under the section quoted. This was not a variance but an omission and therefore It was out of section 14, and If it came under section 11 there would have been no necessity for the following section. The practice of the courts had been liberal fu the matter of amendments. Mr. Massey cited several cases when Judge Grubb ordered that the caurt be given the authorities and Mr. Mu8sey wont after them. the Interim Mr. Ridgely spoke. He said that there hod only been two oases in the 34 years he had been at the bar that toave to «mend had been given during Mr. Massey returned, and oited a number of oases where amendments had been allowed, bnt only on a variance. Mr. Fulton replied that the statute on amendments should be construed liberally, that the statute was meant to be of a remedial nature, that under the constitution the courts were bound to give everybody a hearing upon the merits of his oase. In all the cases that have been cited the amend ments have been allowed. The clroum stanoes of these cases were somewhat simi lar. They were willing to stand upon sec tion 11, If the oourt deny this oase and the constitutional right Is absolutely denied, the statutory and fundamental law graut this right. Mr.McComlck'i foi foreign company to transact authorized by ably bave ad her« d «1 In o! the provided that su^h amon i t be material to the morltd ot 1J4tt , supported Mr .•Fulton. He said this is a question of practioe and runs from Edward TV. time. An amendment to a suit may be made at anytime before judg ment. In Blackstone's time it would be al lowed ; section 14 did not limit section 11. That seotlon applied to all oases and section 14 only applies to a oase ot variance. If the 08, they deny U8 the ris ht «ranted In the constitution. Mr. N leid s replied to the last two speakers forcibly and with telling sentence». Re said that liberal constructions should be and always have been given. The Legislature has acted upon that eubjeot and had given totheoourt large powers on that subject. He had never known an action to be amended until a declaration was filed and never after a jury amendment, it was must be something to amend to. There Is nothing to amend. The application Is to amend this narr so us to Introduoe almost absolute new matter. He did not think the court could have made the ruling stated by Mr. Fulton and this amendment would be the entire Introduction of new matter and It Is for no other purpose than to put another count In that There Is nothing In It to show that they authorized to do business In thlB State und they power. They have said section 14 application, that could be set up. There must be somewhere for the pleadings to stop. The courtb have fixed that limit or the pleading would be Interminable. These oases have been run nlng five years and must betriod. I have seen cases thrown out of court again and again on account of defective pleadings. At the conclusion of Mr. Nlelds' address, Judge Grubb aunouno d that owlug to the Importance or the ruling he would adjourn the court then (5 p. m.) and render his do* clslon In the morning. The importance of this suit to Newcastle county Is more than at. first supposed. Air. fml hRA charge of tfils suit andTO more, in which citizens of New Oaatle directly interested. The managed with rare ability, every step made brlnglnS forth interesting and able argu ments. oourt deuy's this right to sworn. This not matter, there to fix that as to assert that have such a defence ity are * Is being Dover, May 2 —The interest in the in surance oases is, if anything, on thq in crease. Immediately after the assembling on Saturday morning Judge Grubb de livered the oonrt's opinipn in the appli cation to atneixl The opinion was sub stantially as follows ; Yesterday (Friday) this oourt was constrained by the settled rules aud prii.c pies of the law of plead ing, to refuse the plaintiff permission to put in cv-.dt nee the State insurance com missioner's certificate, authorizing the in surance company to transact insurance business within this Stale. This because the said ooropany did not have said certificate, but because it had not in its declaration, alleged that it had obtained said certificate, and become law fully authorized to transact insurance business within this State. The court, therefore, had decided that it was not for want of suoh evidence but for want of necessary form of statement of its cause of action, in this respect ; conformably to the law of pleading that it oould not put said certificate in evi dence in this oase. The rules of pleading have been estab lished to secure the convenient and prac tical administration of justioe. And yet in the course of time muny refiuements and technicalities have been introduced which tend to defeat, Instead of secure the trial of a cause upon its merits. In order to avoid these objections and this effect, statutes have been passod to enable a party who has failed from cause or another to comply with strict technical rule of pleading his statement of his effect of suoh failure and seouro a trial of his cause upon its real merits, and not upon some mere teohnioal or oollateral issue. To avoid the oontingenoies of its failure to allege that it had taken out the said insurance certificate and be-orae author ized to transact insurance business in this State at the time it issued its policy to Waiton, Whann &, Company and take their premium notes which are sued on in this aotion, it has asked the leavé of this court to allow it to amend its declaration so to allege this and thuB become enabled to put said insurance certificate in evidence. Upon a careful investigation and consid eration of the subject and of the elab orate and able arguments upon this ques tion, we feel that 4 his oourt is ranted both by precedent and prin ciple, in view of the history and polioy of our constitutional and statutory provisions respecting amendments of plesdings, «ko., to grant the leave to amend which has been asked for by the plaintiff. The effect of the supposed amendments is not likely to take the defendants by surprise or put them at any disadvantage requiring the continuance or postponement of the nor do we feel that costs or any terms should be imposed upon the plaintiffs. Mr. MoOormiok then offered, and it was admitt. d.the certificate of John R. MoFee dated November 28th, 1879, and giving the company the right to do business until January 31st, 1880. The three applications for insur by tbe Walton, NVhann & Co. with the three premium notes accompanying them offered in evidenoe, and the counsel for the plaintiff asked if the opposite side would admit the signature of Walton, Whann & (Jo. This Massey objected to the admission of the application and notes. They all being prior to the granting of the insurance commissioner's certificate. He said the counsel has presented three separate in struments, and asks us to admit that the signature of Walton Whann «k Company is correct,and they admit the signature of L. P. Buck & Co. In admitting this protest against being understood as ad mittin Mr. Nields. Admit the writing as if it was of the same foroe and effeot as if proven. Mr. Massey said he promptly objected to the admission of the papers. He said, in view of the argument made, whioh heard yesterday (Friday), this is neces sarily shortened. The counsel had said that they must comply with the State law, and, thereby admitting in the ab sence of that authority, there was no law ful authority by which they oould do business. It was objected that there sufficient averment in the declara tion, and your honors decided that they were compelled to aver that they allowed to do business within the limits of tbe State, and the counsel moved to amend, and that was granted and finder that the certificate has beenIntroduced in evidence to show ttie company's right to t ransac t business wi thin thii State.Ob lei ve that there appears to have l»eeu two if not three transactions in relation lo tbe bust of fire insurance and snbsetjaent to the date of the insurance commissioners' certificate the 28th day of November, A. D. 1879, and these applications and notes are als« all after the first day of July, 1879, when tbe act took effect and to the issnanoe of the certificate, right to do . business on the 28tb day and they their agents to do business between the above dates. Mr. Musey gave tbe neoessary requirements ot the law and oonttnded that they hod not oompliod with the law. Their notes are evidences of insurance transacted by law, and this corporation is foreign to this common wealth. These are Delaware contracts, and they give prima faoie evidenoe of in snrance business to be transacted in this State aryl they are wholly in this State. That oompany had no right to do any business and their only legAl authority was the insurance commissioner's certifi cate. l'<-t , to amend and so avoid the done, bnt Mr. in evidence. Tboir commenced of November not authorized by Mr. Massey laid down a principle of law : Every aot of a oorporation made outside of its domicile depeuds for its validity upon the law of the state n which the power is undertaken to be eroised, expressed and implied and a cor poration can make no valid oontraot with out the sanotion of the state (where the same is executed) and if such contracts attempted to be made without suoh sanction they are absolutely void. He quoted authorities at length in support of this principle and at I o'clock a reoess was taken. Oourt reassembled at 3 o'olock and Mr. Massey continued his address. He said the certificate was for and during the year ending January 31st, 1880. It was for the balanoe of the year and did not have any retrospective effeot. The in surance commissioner oould give no suoh authority. This oompany had been en gaged in open and acknowledged viola tion of the law and if there is anything in the act that relates to giving precede authority to the oompany he had it It is absurd to aay that the commis sioner oan grant any suoh authority. Mr. MoOormiok replied for tbe plaintiff. He sold that this was not a very impor tant question and one that does not call for any extended argument. lathis com [CVfWlfw*#* cm lAirdpee*] sn1 not seen A P B BI LOU B POSITION. A PatBbr ** w » at the Top off a f orty-foot I,adder. J. B. 8: radley, sign painter, .met with a thrilling experience while in the pursuance of his vocation yesterday week.He had been engaged by the management of Proctor's Academy of Mu-do to paint a monogram on the gable at the frout of the hulidlag. The point to be painted Is about 40 feet from the pavement and about flvo feet above a steeply pitched cornice, which extends from the walls about 2i feet. It wan proposed to utilize this projection as a rest while the painting was being done. The work seemed rather form, and Mr. B-radley who oeod any higb;.-< of conséquence hesitated at the task. A block and fall was swung from the roof, and tfie manage academy was drawn up above th and lowered, and also drawn up. Mr. Stradley finally seated to make an attempt to reach the himself upon the itft, lifted him of perilous to per is unable to as >r of the e cornice t wo others ere gable, and seated and a few stout hauls by the about 10 fe*t In tbe air. Upon reaching that, hlght he oalled out to be lowered and when he reached the ground, he trembling. An assistant volunteered to up und do tbe painting and Mr. Stradley drew the outline of the monogram paper from wh!« h It could be copied front of the house. Tula method did not h ban WÊÊÊÊÊM eluded that he could do the work from a ladder, and accordingly a very long procured and set up. Mr. Stradley then mounted the ladder aud ascended to the top rung In readiness to begin work. Two assistants, who were upon the lift und resting on the cornice, noticed Mr. Strad ley's face was blanched and he seemed weak und nervous. While they were looking at him he seemed to, sink away and swooned. He was nearly 4ft feet from the sidewalk, with only a ladder to rest upon. Just as he was about to fall the two men, by an almost superhuman offort, reached out and caught him and dragged him upon the slanting oornlce.He lay for several minutes unconscious until his falntlDg spell disappeared. He was too weak to make a descent by the ladder or by tho lift. The only way left to get him down safely was to lash him securely with ropes to the fall and oarefully lower him to the ground. This was done successfully, and Mr. Stradley's scape from the peril of his position was ladly received by the crowd who had as sembled in the street and awaited with bated breath his deliverance. pale and fo he progress satisfactorily, und aoned. Mr. Stradley tbeu ADDITIONAL PETIT JURORS For the Oyer and Terminer Court, Mar Term. The following additional petit ji the May term of oyer and terminer oourt were drawn Saturday morning: Brandywine hundred—J. Bayard Pierce, William B. Mole. Wilmington—John Doordan, George McCall. Christiana—Charles M. Groorun; Lewis J. Graves. Mill Creek—Lewis H. Lynam, James Brown, Jr. White Clay Creek—William H. Barton, Paul Gillis. Peucader—Joseph Cavender, Robert P. Barr. NewCastlo— EU Crossan, Jr., Charles N. Davidson, 8. M. Porter. Red Lion—Nicholas G. Pierce, Edward B. Hance. St. Georges—John P. Vandegrift, George W. Stephens and F. B. Watkins. Appoqulnimink — Robert M. Warren. Blackbird— Alleu D. Helveston, David Keen. RM Daniel Richardson AN AUDACIOUS BURGLARY. Tho House of NIckMl negary En tered and $200 Gault Stolen. As bold a piece of burglarizing as tho an nals of our quiet olty can show was perpe trated early Friday night at the residence of Michael Megary, No 308 West Sixth street. All the family consisting of were In the house from 7 o'olock hour when the theft was dis five six people to 10, the covered. The sum of almost $200 which lay in a bureau upstairs with some clothing. Including two coats and some ladles' apparel, which, however, found lying in a bundle upon the roof of the piazza comprized what tho 'burglars gave their at tent lob. No noise was heard during the eveniug and nothing whatever to arouse suspicion of any kind. Additionally, one of the In ès of the bouse whq Is ill occupied a room In the second story, a fact which sug gests the adroitness with which tbe robbery was accomplished. The burglars have got dear with the cash, and to this date nothing whatever has been heard of them. stolen. This Another Old Gltlxen Bend. William Morrow, a well-known old resi dent of this city, died suddenly at his home, No. 1832 King street, shortly before 4 o'clook yesterday week of heart disease. The deeeased had been ailing for some Urne and his death was not unexpected. He was In the 83d year of his age, making tbe third death reoently of men who were over 80, Bishop L«)e and Amor H. Harvey being tho other two. Mr. Morrow present limits of the Ninth ward and lived in that section of tho city all his life. He a oooper for many years, and also a carter. For tho past 8 or 10 years he had lived In retirement. His widow, survive him, A In the born within the daugh of the ter and three last being James O. Morrow, who keeps a Hour and feed store at Twel'th und Frenoh streets. The funeral took place urday afternoon, at 3 o' ment was made In the Wilmington and Brandywine cometery. I ■l! 8at •k. and inter and I Tbv Peseta Crop* Georgetown. April 29.—The severe cold spell of April 12th and 13th. with tho heavy frosts of those nights, certainly must have injured muoh of the young fruit at th«) extremity of the branches, as the trees were in full bloom. But the well made wood of last year's growth will doubtless sustain enough to make more than an aver age crop. Notioing the long continuance of the blossoms on the trees, (both of the early and late varieties,) I am lead to be lieve that tho late frosts «»id not injure them at first supposed. Having aud opinions of the peach growers of the country. I must say that I have gathered facts sufficient to convince that half a crop will mature If not. in P. J. Hart. the the all killed a In much as learned the jured In the future. Another New Squire. John B. Book of Claytou, who was ap poiuted justice of the peace and notary ublle for Clayton on the 20th Instant, was _ town Friday. 8<ju re Book Is an old resident of WUmlugtàn and bad been settled In Clayton but a month wheu ho received the appointment. Ha Is connected with the Delaware road as assistant train-dispatcher. He was recently promoted to that Dosltlon la Claytoo, having previously lar uppolutment here. th Pd Ihu New Railroad Official* F. B. Hibbard, general passenger and freight agent on the Ulster A Delaware rail road, In New York, has been appointed to a similar position «m the Wilmington A Northern railroad, caused by the resigna tion of L. A. Bower. Mr- Hibbard comes here highly recommended, and, although u comparatively young road tbe business. , he Is old In rall he has been brought up In ; vtc«. A Pastoral Call. The Rev. Edward Wootten, rector of the P. E. church, Heuford, has received and ac cepted a call to Bolivar, Tenn. On Easter Sumiay Mr. and Mrs. Wootten gave a hand organ to the ohuroh as a thunks-offer ing for Mrs. Wootten's recovery from a cent severe Illness. Bishop Boone of China will administer the rites of conflrmattou Mr. Wootten on the evening of May ITt'.i. (Of At A New Squire. James Monaghan has been appointed justice of the peace in plaoe of Squire O'Neill, whose turui expired last week. The now Justice of the peace received his com utlssi.>u Saturday morning and was sworn In Monday morning at H«iulre Smith's office, No. 101 W«*t Sixth street. Squire Monaghan will have his offloe at No. 402 Shipley street. It an Over Botto l.og«, James Loving, a young oolored man, but 22 years old, had both legs run over at the ankle on the Baltimore A Philadelphia rail road just outside the city yeeterday week. One ankle bone was broken and the other dislocated. Ho was removed to the alms house whore he Is now doing well under the care of Drs. Springer and Wallace. No amputation was neoessary. Friend»' Yearly VIeetiug. The annual meeting of Friends will be held at Fifteenth and Race streets, Phila delphia, commencing May 9th. Some unusual and important matters will be con sidered, among whioh will be the appoint ment of a committee to take charge of the George fund and establish a large school for Friends. An Old Landmark An old frame house standing ut the corner of Pennsylvania avenue and Broome street, known as the old Robinson Home stead, part of the city has been torn down. It was for a long time occupied by Emmet J ff«) ® roaster. of the landmarks of the western R MM LOCAL AND PENINSULAR THE NEW BALTIMORE A OHIO STATION. The Delnwn «dation ll«ady ffor Hatl Attractive, Hicdireaqnr, Yet Thor oughly Practlcob:« Umldlnff. An Regular passenger busln«** at the A O. railway station, and duPont street ^opened at noon Saturday, structure is B. D'-lnWan» *\ The some bit of architecte re greatly to the attractiveness of that environ of the city wtrore It is located. Th® edifice la In what Is called the "modern cottage" style, one very much In vogu e now-a-daya for public buildings. Its base is or solid granite structure with the upper tiers of red brick prettily picked out; gable roofs and pointed gothic windows. The station la conveniently situated, with three entrances, two from the avenue and duPont street. The lust la restricted to luggage and parcels purposes. The avenue entrances are, one directly to the train platform by a spacious iron stairway with large porch way extending to the atreet curb-way, and the other is the general sta tion entrance. The structure fa set well back from the curb, affording pavement front and sufficient space for the aidhltectural effects of the edifice to be ap preciated. Upon entering the vestibuje the visitor If lmpnesed lmmedJ^toiy wl —j the attractive modem finish of the Interior, low glass ^ doorwajs, tease la tod pavements, metaled glass, bright brass fixings, cherry natural wood finish of the wainscots and tho general appearance of richness in fur nishing. Upon the left of the vestibule Is the ticket-office, which has windows open ing to the vestibule aud also one opening to the ladles' waiting-room, whose doorway Is next to the ticket-office. Upon the opposite side of the hall Is the gentlemen's waiting room, a large apartment comfortably fitted up with offices and complete steam-heating apparatus. The last, however, Is a feature of the building, which Is fitted thoroughly throughout in that respect. The furnishing of the ladles' room Is exceptionally good. The low cathedral glass windows, metaled In the modem cottage style, and the pretty natural wood panels give an extremely cosy and elegant appearanoe to this apartment. The general entrance to the train platform reached by passing straight through the vestibule and thence by an ornate Iron railed stairway, wide and easy-graded to tho piazza, where the trains are conve niently ranged close to tho platform. At tbe base of this stairway Is an elevator which can be used at the option of passen gers, and which is conveniently placed opposite the baggage-room, from which packages, trunks and parcels are readily passed from the duPont Btreet entrance of » xceedingly hand t has added exl mslvfl and tho station up to the passenger platform. Tho offices of the officials are upstairs. They Include the station-master's room, that of the clerks and operators. They very fine apartments, cosy, all handsomely finished and furnished. Altogether the the Baltimore A Ohio Railway Company and also to Its constructor, Mr. PhUemma Chandler. In regard to the execution of the work the company's engineer, upon Its Inspection previous to aooepttng It from the contractor mude the flattering remark that it Is the finest structure for passenger the Baltimore A Ohio railroad, announced Saturday that all passenger trains start from this station henceforth. station Is a credit to li GLASGOW'S ENTERTAINMENT. ITlru. Jsrleyt« XVm a Figure« Exhibited Before a Large Gathering. Special Correspondence of Gazette and Journal. Glasgow, April 80.—"Mrs. Jarley's Wax Figures" were exhibited in the Psncader Presbyterian Church of this place day evening, and notwithstanding the rain there was a good attendance, many coming from a distanoe. The entertainment was well received by the audience and encores numerous. wing Is the programme : Sylvia B. Hodsdon, of Philadelphia acting as director. "Juliet,' Mise Flora Armstrong; "Ophelia," Miss Katie Janvier; "Maud Muller and Judge," Miss J. Boulden and Mr. E. Armstrong ; "Jack Bpratt and Wife," Miss M. Molntlre and Mr. C. Oann ; solo, Miss Migget; "John and Priscilla," H. Kendall and Miss E. Kendall; "Mrs. Wins low's Soothing Syrup," Miss L. Warren; "Coming Through the Rye," Miss Gonea and Mr. 8tevens; "Chinese Washerman," Mr. George Sown; soio, Miss Miggeic; "Prinoe and Sleeping Beauty," Miss F. Cann and Mr. C. Ferris; " Llt'le Bo Peep." Miss M. Brown; "Mr. und Mrs. Caudle," Miss TUlie Molntlre and Mr. H. Frazer; "Automatic Quartette." Mrs. Pratt, Miss 8. Ferris, C. Ferris and H. Frazer ; "Llttlo Red Riding Hood," Miss Louise Bouiden; "Labor Song, in costume," by 13 characters. Thurs I olio Mil THREE BROTHERS DROWNED. A Sad Accident In the Chesapeake Bay* Baltimore American Special. Solomon's Island, Calvert County, Md., April 27.—The three of George W. Hayward, a prominent merchant of this place, were drowned Monday night in the Chesapeake bay below Cedar Point. The boys were returning on the bugeye Blanche Hayward from a visit to their grandfather, In Dorchester oounty, when the boat cap sized in a heavy gale which was blowing at the time. A yawl-boat was launched, b— of the boys, named Frederick, had aboard when It $1 I ■l! ; ll swept away, he other two and a oolored mun named Frederick tossed about by tho waves for a few minutes and then both ho and the boat disappeared. Before he Dorse to I »or ie down Frederick called to -save his brothers, and to tell his father that he had some money hidden In the grounds about his house. The seoond boy, Guy, was torn from the rigging and lost within 10 minutes after his brother. Fred Bernard, the youngest boy, clung to Dorse, who bad lashed himself, to one of the masts, and In this position they remained all night. When «lay broke both were exhausted that the latter slipped away from his protector unnoticed and sank. Dorse pioked up au hour later by a passing vessel and brought to the island. The bodies have not boon r ecovered. Verdict (or ttoe P„ TV. Sc B. K. Co* The suit of Adrian Spear of Comden,N.J., against the P., W. A B. Railroad Company, a claim for damages alleged to have been sustained on the steamer S. M. Felton, was finally settled In common pleas oourt yoa terdnyw «ok,the jury disallowing any claim. case was given a trial In a lower court in May lost, and the jury awarded the plaintiff, the heirs of th«) deceased the sum of $6,000, less than one fourth of tho total amount of dumages asked. Spear w«is a passenger on the Felton at the time It was damaged by an explosion of dynamite In four days. He from an attack of and It is alleged weakened system caused his death. th board and died just convalescing typhoM fever at the time that the shock to hia Maryland Oy»ter Law, Marylaud law tonglng f«»r oysters ceased iu that state on Mouday until the first day of September, and, as dredging ceased on the first of April, the taking of oysters except for private use and nor lor sale, from private beds, Is now altogether prohibited there. The law also prohibits from having oysters in possession from April 26th to September 1st, but inskt« the exception that oysters caught betöre the 25th of April may be dispos'd of at any time before the 5th of May, and that trans portation companies shall not be prevented from oarrylng oysters brought from other states, and hotels, restaurant-keepers, aud private individuals shall not be prevents«! from purchasing oysters outside of the state. Under the A Wilmington Walker lYiunlnir. ch a fournie Iu the women's walking entered as "Mias Lamonte of Wilmington, Del.," Is the probable winner of the contest. At 2 o'olock Friday morning she ha«t covered 198 miles sfhoe Monday and milos ahead of her olosest competitor. Read ing people are vigorously protesting against the spoctaole of female walkers but tbe match draws largo crowds. 10 Damaged iu Wicomico* Halihhcuy, Md., April 29—After a thor ough examination ol the* condition of the peach buds in Wicomico county since tho frosts of last week, it Is found that In Barren Creek district and all along the Delaware Une fully one-half of them all tho early strawberries wore killed In the same section. Ttoo Festin dead. Nearly Divcesau Dr legate«* The vestry of St. Paul's parish, George town, has elected Benjamin Burton and A. P. Robinson,Esqs., delegatee, and Messrs. W. W. Rawlins aud Charles L.Moore, alter nates, to the diocesan convention which convenes in Newark on Wednes«lay,June 1st Delaware Cattle Quarantined* Helena. Mont.. April 80.—Governor Leslie will proclaim quarantine on Texas cattle from Illinois, New Jersey, New York, Pennsylvania, Maryland, Delaware, the District of Clolnmbia, Virginia, Vermont HU'l TtfXllS. John Wauiwskei'« Biography. In response to a letter from a well-known lecturer os to whioh of the golden oppor tunities were most useful to him, John Wanamaker replies: "Thinking, trying, toiling, trusting in God, la all ot my biog raphy."